RAHEJA DEVELOPERS LIMITED vs AHLUWALIA CONTRACTORS INDIA LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 06.03.2025 Pronounced on : 01.07.2025 + O.M.P. (COMM) 415/2024 &I.A. 44283/2024 RAHEJA DEVELOPERS LIMITED .....Petitioner Through: Mr. Rajshekhar Rao, Senior Advocate with Ms. Manmeet Kaur, Mr.Gurtejpal Singh, Ms.Aashna Chawla, Ms. Aashna Arora, Ms. Suditi and Mr. Debarshi Roy, Advocates versus AHLUWALIA CONTRACTORS INDIA LTD .....Respondent Through: Mr. Shashank Garg, Senior Advocate with Ms. Nishtha Jain, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT I.A. 44283/2024 (For placing on record additional grounds and documents) 1. By way of the present application, the petitioner/applicant seeks to place on record additional grounds and documents, mentioned as under, for setting aside of the award dated 29.04.2024 (hereinafter, referred to as the ‘impugned award’): a. That the Ld. Sole Arbitrator became functus officio on 28.02.2023 and as such the Award dated 29.04.2024 is beyond the statutory period envisaged under Section 29A (4) of the Act; b. That the Ld. Sole Arbitrator acted in excess of his jurisdiction by passing the Award beyond the statutory time period envisaged Section 29A (4) of the Act; c. That the Ld. Sole Arbitrator failed to consider that Section Signature Not Verified O.M.P. (COMM) 415/2024 Page 1 of 10 Signed By:GAUTAM ASWAL Signing Date:01.07.2025 05:28:06 29A(4) empowers the Court to extend the period for making the Arbitral Award beyond a period of twelve months or eighteen months, as the case. d. The Ld. Sole Arbitrator erred in dismissing the Application filed by the Petitioner seeking permission to record the additional documents without Application of mind and failed to consider the complaint filed by the project residents on account of the defective work carried out by the